Dunklin County v. District County Court of Dunklin County
Supreme Court of Missouri
This was an application for a mandamus in the name of the county of Dunklin by Nathaniel G. Murphy, superintendent of public works in and for said county.
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This was an application for a mandamus in the name of the county of Dunklin by Nathaniel G. Murphy, superintendent of public works in and for said county. The petitioner, after setting forth the grant to the state of Missouri of the swamp lands by act of Congress of September 28, 1850, for the purpose of enabling the state to reclaim them by means of levees ’ and! drains ; also that the state of Missouri had by the act of February 23, 1853, granted to the county of Dunklin the swamp and overflowed lands within its limits, proceeds as follows : “ Your petitioner further represents, that on the…
1Opinion of the CourtLeonard, Judge
1. The defendants having put, in their answer to the alternative mandamus, we proceed to consider the case as upon a demurrer to it, and the first remark we have to make is that this is not an appropriate remedy for the party, even if he be entitled to relief. The command of the writ is that the Dunklin district *454county court “ vacate their order selling to the Cairo and Fulton railroad company 100,000 acres of swamp lands of the county, and appointing a commissioner to make the conveyance in payment of the stock subscription of the county to the road ; and that the court and all others desist…
2Cases cited2 opinions
- Cooper v. RobertsSupreme Court of the United States · 1856
- Long v. BrownSupreme Court of Alabama · 1843
3Cited by33 opinions
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
- State Ex Rel. Kelley v. MitchellSupreme Court of Missouri · 1980
- Barton County v. WalserSupreme Court of Missouri · 1871
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